BILL REQ. #:  H-4318.1 

Read first time 01/23/2006.   Referred to Committee on Transportation.

     AN ACT Relating to the fuel tax rate used to determine fuel tax distributions to fund nonhighway expenditures; amending RCW 46.09.170, 46.10.170, and 79A.25.070; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.09.170 and 2004 c 105 s 6 are each amended to read as follows:
     (1) From time to time, but at least once each fiscal year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on a tax rate of: (a) ((Nineteen)) Twenty-three cents per gallon of motor vehicle fuel from July 1, ((2003)) 2006, through June 30, ((2005)) 2007; (b) twenty-five cents per gallon of motor vehicle fuel from July 1, ((2005)) 2007, through June 30, ((2007)) 2008; (c) twenty-((one)) six cents per gallon of motor vehicle fuel from July 1, ((2007)) 2008, through June 30, 2009; (d) twenty-((two)) seven cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, ((2011)) 2010; and (e) twenty-((three)) eight cents per gallon of motor vehicle fuel beginning July 1, ((2011)) 2010, and thereafter, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.
     (2) The treasurer shall place these funds in the general fund as follows:
     (a) Thirty-six percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and information programs and maintenance of nonhighway roads;
     (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
     (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities; and
     (d) Fifty-eight and one-half percent shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and for education, information, and law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than thirty percent may be expended for education, information, and law enforcement programs under this chapter;
     (ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this amount:
     (A) Not less than thirty percent, together with the funds the committee receives under RCW 46.09.110, may be expended for ORV recreation facilities;
     (B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and
     (C) Not less than thirty percent may be expended for nonhighway road recreation facilities;
     (iii) The committee may waive the minimum percentage cited in (d)(ii) of this subsection due to insufficient requests for funds or projects that score low in the committee's project evaluation. Funds remaining after such a waiver must be allocated in accordance with committee policy.
     (3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
     (((4) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (2) of this section.))

Sec. 2   RCW 46.10.170 and 2003 c 361 s 408 are each amended to read as follows:
     From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. ((Such)) This determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and a fuel tax rate of: (1) ((Nineteen)) Twenty-three cents per gallon of motor vehicle fuel from July 1, ((2003)) 2006, through June 30, ((2005)) 2007; (2) twenty-five cents per gallon of motor vehicle fuel from July 1, ((2005)) 2007, through June 30, ((2007)) 2008; (3) twenty-((one)) six cents per gallon of motor vehicle fuel from July 1, ((2007)) 2008, through June 30, 2009; (4) twenty-((two)) seven cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, ((2011)) 2010; and (5) twenty-((three)) eight cents per gallon of motor vehicle fuel beginning July 1, ((2011)) 2010, and thereafter.

Sec. 3   RCW 79A.25.070 and 2003 c 361 s 409 are each amended to read as follows:
     Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 79A.25.030, shall request the state treasurer to transfer monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing a motor vehicle fuel tax rate of: (1) ((Nineteen)) Twenty-three cents per gallon of motor vehicle fuel from July 1, ((2003)) 2006, through June 30, ((2005)) 2007; (2) twenty-five cents per gallon of motor vehicle fuel from July 1, ((2005)) 2007, through June 30, ((2007)) 2008; (3) twenty-((one)) six cents per gallon of motor vehicle fuel from July 1, ((2007)) 2008, through June 30, 2009; (4) twenty-((two)) seven cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, ((2011)) 2010; and (5) twenty-((three)) eight cents per gallon of motor vehicle fuel beginning July 1, ((2011)) 2010, and thereafter, to the recreation resource account and the remainder to the motor vehicle fund.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2006.